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The judgment of the court below is reversed.
The sentence of punishment against the Defendants shall be suspended.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding and legal doctrine 1) The Defendants acknowledged the fact that the Defendants assaulted the victims, but the Defendants cannot be found to have suffered injury (see Article 1-1). This constitutes legitimate defense or legitimate act, and thus, the illegality of the Defendants is excluded (see Article 1-2). 2) The Defendants confirmed the Kakao Stockholm message divided by South and North Korea by the victim D’s internal defense (see Article 1-2). However, in the case of Defendant B, the Defendants confirmed the message in the process of establishing the cell phone display system at the victim’s request, and there was no intention to infringe on the victim D’s secrets (see Article 2-1). The Defendants’ act constitutes a legitimate act and thus, it is not likely that the Defendants’ act would be justified (see Article 2-2) and thus, Article 2-3 (2). The Defendants’ wrongful sentencing of Defendant A:150 million won (see Article 150 million won).
2. Determination
A. As to the assertion of misunderstanding of facts and legal principles, the Defendants asserted to the same effect as the grounds for appeal in this part of the judgment below as to the allegation of 1-1, 1-2 and 2-2. The lower court rejected all the Defendants’ assertion on the grounds as stated in its reasoning.
The judgment below
Examining the reasoning in comparison with the records, the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding facts and misunderstanding of legal principles as alleged by the defendants.
subsection (b) of this section.
2) As to the 2-1 argument, Defendant B also asserted the same as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the grounds as indicated in its reasoning.
The judgment below
The following circumstances are revealed by the records. In other words, the defendant on September 2015.